The Procurement Division of Knox County, Tennessee will receive sealed proposals for the provision of ALCOHOL AND
GPS MONITORING SERVICES as specified herein. Proposals must be received by 2:00 p.m. on October 15, 2019. Late
proposals will be neither considered nor returned.
Deliver Proposals to:
Proposal Number 2884
Knox County Procurement Division
1000 North Central Street, Suite 100
Knoxville, Tennessee 37917
The Proposal Envelope must show the Proposal Number, Proposal Name and Closing Date.
SECTION I GENERAL TERMS AND CONDITIONS
1.1 ADDITIONAL INFORMATION: Knox County wants requests for additional information routed to Donnie Fawver,
CPPB, Senior Buyer, Construction and Contract Specialist at 865.215.5756. Questions may be faxed to
865.215.5778 or emailed to firstname.lastname@example.org. Information about the Knox County Procurement
Division and current proposals may be obtained on the Internet at www.knoxcounty.org/Procurement.
1.2 ACCEPTANCE: Vendors shall hold their price firm and subject to acceptance by Knox County for a period of
ninety (90) business days from the date of the proposal closing, unless otherwise indicated in their proposal.
1.3 ALTERNATIVE PROPOSALS: Knox County will not accept alternate proposals (those not equal to specifications)
unless authorized by the Request for Proposal.
1.4 AUDIT HOTLINE: Knox County has established an Audit Hotline to report potential fraud and waste. To report
potential fraud, waste or abuse, please call or 1-866-858-4443 (toll-free). You can also file a report online by
Vendors are hereby cautioned that this Audit Hotline does not replace the Award Protest Procedures
found in Section VI, Item M of the Knox County Procurement Regulations.
1.5 AWARD: Award will be made to the most responsive, responsible proposer meeting specifications, which
presents the product that is in the best interest of Knox County. Knox County reserves the right to award this
proposal on an item-by-item basis, an all-or-none basis or by multiple award, whichever is in the best interest of
the County. Knox County also reserves the right to not award this proposal. Award will be made in accordance
with the evaluation criteria specified herein.
1.6 CONFLICT OF INTEREST: Vendors must have read and complied with the "Non-Conflict of Interest" statement
provided in the vendor registration process prior to the closing of this solicitation.
1.7 COOPERATIVE PROCUREMENT: Proposers must indicate whether or not it is permissible for other
governments in Tennessee to purchase prisoner transports or services at the same price. Freight charges can be
adjusted to reflect differences in delivery cost.
1.8 COPIES: Knox County requires that proposals be submitted as one (1) marked original and three (3) exact copies.
An electronic copy, in one complete file, is also requested on CD or flash-drive.
1.9 DECLARATIVE STATEMENTS: Any statement or words (eg: must, shall, will etc.) are declarative statements
and the proposer must comply with the condition. Failure to comply with any such condition may result in their
proposal being non-responsive and disqualified.
1.10 BUSINESS OUTREACH PROGRAM: Knox County has established a Business Outreach Program which has
the responsibility of increasing opportunity for small, minority and women owned businesses. This is being
accomplished through community education programs, policy edification, active recruitment of interested
businesses and process re-engineering.
Knox County is committed to ensuring full and equitable participation for all disadvantaged businesses. Knox
County welcomes submittals from those disadvantaged businesses that have an interest in providing goods and/or
services listed herein. In addition,
Knox County strongly encourages the inclusion of disadvantaged businesses by non-disadvantaged Contractors
who may wish to partner or subcontract portions of this agreement in order to accomplish the successful delivery
of goods and/or services.
If you are a disadvantaged business and would like additional information about our Business Outreach Program,
Diane Woods, Administrator of Business Outreach or
Telephone: 865.215.5760 / Fax: 865.215.5778
1.11 ELECTRONIC TRANSMISSION OF PROPOSALS: Knox County's Procurement Division will not accept
electronically transmitted proposals when responding through the county’s online Procurement system for this
procurement. Facsimile and email submission is strictly prohibited. All proposals must be mailed or delivered by
1.12 HOW TO DO BUSINESS: Knox County utilizes a web-based Procurement software system, “Knox Procurement
On-Line”. The system provides our clients (vendors, county departments and the citizens of Knox County) with a
more enhanced and end-user friendly means of accessing our services. The system allows for on-line vendor
registration and maintenance, electronic receipt of purchase orders, on-line retrieval and submittal of quotes, bids
and proposals for our vendor-clients and on-line requisitioning and receiving for our county departments. In order
for the County to maximize its investment and minimize the cost associated with office operations, we need
your help. When doing business with Knox County we are urging you to please go to our website at
www.knoxcounty.org/Procurement, register as a vendor in our on-line Procurement system, “Knox Procurement
On-Line”, if you have not done so and whenever possible to conduct your business with the County through this
site. If you have any questions please contact the Procurement Division Representative listed in Section 1.1 of this
1.13 INCURRED COSTS: Knox County will not be responsible for any costs incurred by the proposers in the
preparation of their proposal.
1.14 MULTIPLE PROPOSALS: Knox County will consider multiple proposals that meet specifications.
1.15 NEW MATERIAL: Unless specified otherwise in the proposal package, the Contractor must provide new supplies.
New, as used in this clause, means previously unused materials. Material includes but is not limited to, raw
material, parts, items, components and end products. Contractor submission of other than new materials may be
cause for the rejection of the proposal.
1.16 NON-COLLUSION: Vendors, by submitting a signed proposal, certify that the accompanying proposal is not the
result of, or affected by, any unlawful act of collusion with any other person or company engaged in the same line
of business or commerce, or any other fraudulent act punishable under Tennessee or United States law.
1.17 PAYMENT METHOD: Knox County utilizes two (2) methods of placing orders for products. The first is the use of
Purchase Orders. These Purchase Orders will be issued from Knox County Procurement Division via the method
selected by the vendor during registration. The Purchase Order will detail the quantity, specific item(s) and the
contracted price for each item.
The second method is the use of the Knox County E-Commerce Card (VISA). Orders placed with the credit card
will list the same information as the Purchase Order. Vendors will be given the card information and approval to
process the transactions by the requesting department. Vendors must indicate in their proposal response if the
vendor will accept the Knox County E-Commerce Card (VISA) as a form of payment. Proposers are prohibited to
charge Knox County any type of merchant fee from their financial institution to accept this type of payment.
1.18 POSSESSION OF WEAPONS: All vendors and their employees and their agents are prohibited from possessing
any weapons on Knox County property without prior written consent from the County. In the case of a contractor
whose contract requires possession of firearms or other weapons to successfully complete their contract,
contractor must provide personnel who are bonded to bear said weaponry.
1.19 PROCESSING TIME FOR PAYMENT: Vendors are advised that a minimum of thirty (30) days is required to
process invoices for payment.
1.20 PROOF OF FINANCIAL AND BUSINESS CAPABILITY: Proposers must, upon request, furnish satisfactory
evidence of their ability to furnish products or services in accordance with the terms and conditions of these
specifications. Knox County will make the final determination as to the proposers' ability.
1.21 PROPOSAL DELIVERY: Knox County requires proposers, when hand delivering proposals, to time and date
stamp the envelope before depositing it in the bid box. Knox County will not be responsible for any lost or
misdirected mail. The time clock in the Procurement Division shall serve as the official record of time. Electronic
submissions are recorded electronically. Knox County shall not be responsible for technical difficulties
experienced by vendors trying to register, or submit their proposal, electronically less than one hour prior to the
proposal opening time.
Proposals must be in a sealed envelope/box prior to entering the Procurement Division. Procurement
Division personnel are not permitted to view the submittal nor assist in placing document in an
envelope/box. Additionally, the Procurement Division is not responsible for providing materials for
submittals (e.g.: envelopes, boxes, tape).
1.22 RECYCLING: Knox County, in its continuing efforts to lessen the amount of landfill waste and to further recycling
efforts, request that proposals being submitted on paper shall:
Be submitted on recycled paper
Not include pages of unnecessary advertising
Be made on both sides of each sheet of paper
1.23 REMANUFACTURED/PRE-OWNED EQUIPMENT: Vendors are advised that Knox County will not accept
remanufactured or refurbished equipment/parts or equipment components for this proposal.
1.24 RESTRICTIVE OR AMBIGUOUS SPECIFICATIONS: It is the responsibility of the prospective proposers to
review the entire Request for Proposal (RFP) packet and to notify the Procurement Division if the specifications
are formulated in a manner that would unnecessarily restrict competition. Any such protest or question regarding
the specifications or proposal procedures must be received in the Procurement Division by October 4, 2019 at
12:00 p.m. local time. These requirements also apply to specifications that are ambiguous.
1.25 SIGNING OF PROPOSALS: In order to be considered all proposals must be signed. Please sign the
original in blue ink. By signing the proposal document, the proposer acknowledges and accepts the terms and
conditions stated in the proposal document.
1.26 TAXES: Knox County purchases are not subject to taxation. Tax exemption certificates will be provided upon
1.27 TERM AGREEMENT: If this proposal results in a term contract with the vendor, Knox County must receive all
general price decreases that other customers receive.
1.28 TITLE VI OF THE 1964 CIVIL RIGHTS ACT: “Nondiscrimination in Federally Assisted Programs”—“No person in
the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied
the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial
assistance.” 42 U.S.C. Section 2000 et seq.
It is the policy of Knox County Government that all its services and activities be administered in conformance with
the requirements of Title VI.
1.29 USE OF PROPOSAL FORMS: Proposers are to complete and return the proposal forms contained in the
proposal package. Failure to complete the proposal forms may result in proposal rejection.
1.30 VENDOR DEFAULT: Knox County reserves the right, in case of vendor default, to procure the articles or services
from other sources and hold the defaulting vendor responsible for any excess costs occasioned thereby. Should
vendor default be due to a failure to perform or because of a request for a price increase, Knox County reserves
the right to remove the vendor from the County's Proposers list for twenty-four (24) months.
1.31 VENDOR REGISTRATION: Prior to the closing of this proposal, ALL PROPOSERS must be registered with
the Procurement Division. Please register on-line at our website at www.knoxcounty.org/Procurement and click on
“Online Vendor Registration.” Proposers must be registered with the Procurement Division prior to submitting their
proposal. Knox County shall not be responsible for technical difficulties experienced by vendors trying to register
or submit their bid electronically less than twenty-four (24) hours prior to the proposal closing time.
1.32 WAIVING OF INFORMALITIES: Knox County reserves the right to waive minor informalities or technicalities
when it is in the best interest of Knox County.
SECTION II OBLIGATIONS, RIGHTS AND REMEDIES
These terms and conditions shall be part of the Contract. Knox County reserves the right to negotiate other
terms and conditions it deems appropriate and necessary under the circumstances to protect the public’s trust.
2.1 ALTERATIONS OR AMENDMENTS: No alterations, amendments, changes, modifications or additions to this
Contract shall be binding on Knox County without the prior written approval of the County.
2.2 ASSIGNMENT: Contractor shall not assign or sub-contract this agreement, its obligations or rights hereunder to
any party, company, partnership, incorporation or person without the prior written specific consent of Knox County.
2.3 APPROPRIATION: In the event no funds are appropriated by Knox County for the goods or services in any fiscal
year or insufficient funds exist to purchase the goods or services, then the Contract shall expire upon the
expenditure of previously appropriated funds or the end of the current fiscal year, whichever occurs first, with no
further obligations owed to or by either party.
2.4 BOOKS AND RECORDS: Contractor shall maintain all books, documents, accounting records and other evidence
pertaining to the goods and services provided under this Contract and make such materials available at its offices
at all reasonable times during the contract period and for three (3) years from the date of the final payment under
this agreement for inspection by County or by any other governmental entity or agency participating in the funding
of this agreement, or any authorized agents thereof; copies of said records to be furnished if requested. Such
records shall not include those books, documents and accounting records that represent the Contractor's costs of
manufacturing, acquiring or delivering the products and services governed by this agreement.
2.5 CHILD LABOR: Contractor agrees that no products or services will be provided or performed under this Contract
that have been manufactured or assembled by child labor.
2.6 COMPLIANCE WITH ALL LAWS: Contractor is assumed to be familiar with and agrees to observe and comply
with all federal, state, and local laws, statutes, ordinances, and regulations in any manner affecting the provision of
goods and/or services, and all instructions and prohibitive orders issued regarding this work and shall obtain all
2.7 DEFAULT: If Contractor fails to perform or comply with any provision of this Contract or the terms or conditions of
any documents referenced and made a part hereof, Knox County may terminate this Contract, in whole or in part,
and may consider such failure or noncompliance a breach of contract.
Knox County expressly retains all its rights and remedies provided by law in case of such breach, and no action by
Knox County shall constitute a waiver of any such rights or remedies. In the event of termination for default, Knox
County reserves the right to purchase its requirements elsewhere, with or without competitive proposal.
2.8 GOVERNING LAW: The laws of the State of Tennessee shall govern this Contract, and all obligations of the
parties are performable in Knox County, Tennessee. The Chancery Court and/or the Circuit Court of Knox
County, Tennessee, shall have exclusive and concurrent jurisdiction of any disputes, which arise hereunder.
2.9 INCORPORATION: All specifications, drawings, technical information, Request for Proposal, Proposal, Award and
similar items referred to or attached or which are the basis for this Contract are deemed incorporated by reference
as if set out fully herein.
2.10 INDEMNIFICATION/HOLD HARMLESS: Contractor shall indemnify, defend, save and hold harmless Knox
County, its officers, agents and employees from all suits, claims, actions or damages of any nature brought
because of, arising out of, or due to breach of the agreement by Contractor, its subcontractors, suppliers, agents,
or employees or due to any negligent act or occurrence or any omission or commission of Contractor, its
subcontractors, suppliers, agents or employees.
2.11 INDEPENDENT CONTRACTOR: Contractor shall acknowledge that it and its employees serve as independent
contractors and that Knox County shall not be responsible for any payment, insurance or incurred liability.
2.12 INSPECTION AND ACCEPTANCE: Warranty periods shall not commence until Knox County inspects and
formally accepts the goods and/or services. The terms, conditions and timing of acceptance shall be determined
by Knox County. Knox County reserves the right to reject any or all items or services not in conformance with
applicable specifications, and Contractor assumes the costs associated with such nonconformance. Acceptance
of goods or services does not constitute a waiver of latent or hidden defects or defects not readily detectable by a
reasonable person under the circumstances.
2.13 IRAN DIVESTMENT ACT: By submission of this proposal, each proposer and each person signing on behalf of
any proposer certifies, and in the case of a joint proposal each party thereto certifies as to its own organization,
under penalty of perjury, that to the best of its knowledge and belief that each proposer is not on the list created
pursuant to Tennessee Code Annotated § 12-12-106.
2.14 LIMITATIONS OF LIABILITY: In no event shall Knox County be liable for any indirect, incidental, consequential,
special or exemplary damages or lost profits, even if Knox County has been advised of the possibility of such
2.15 NON-DISCRIMINATION AND NON-CONFLICT STATEMENT: Contractor agrees that no person on the grounds
of handicap, age, race, color, religion, sex or national origin, shall be excluded from participation in, or be denied
benefits of, or be otherwise subjected to discrimination in the performance of this agreement, or in the
employment practices of vendor. Contractor shall upon request show proof of such non-discrimination, and shall
post in conspicuous places available to all employees and applicants notices of non-discrimination. Contractor
covenants that it complies with the Fair Wage and Hour Laws, the National Labor Relations Act, and other federal
and state employment laws as applicable. Contractor covenants that it does not engage in any illegal employment
Contractor covenants that it has no public or private interest, and shall not acquire directly or indirectly any interest,
which would conflict in any manner with the provision of its goods or performance of its services. Contractor
warrants that no part of the total contract amount provided herein shall be paid directly or indirectly to any officer or
employee of Knox County as wages, compensation, or gifts in exchange for acting as officer, agent, employee,
subcontractor or consultant to Contractor in connection with any goods provided or work contemplated or
performed relative to the agreement.
2.16 ORDER OF PRECEDENCE: In the event of inconsistent or conflicting provision of this Contract and referenced
documents, the following descending order of precedence shall prevail: (1) Written Contract, (2) Request for
Proposal, (3) Vendors response to Request for Proposal, (4) Award, (5) Special Terms and Conditions, (6)
General Terms and Conditions, (7) Specifications, (8) Drawings.
2.17 REMEDIES: Knox County shall have all rights and remedies afforded under the U.C.C. and Tennessee law in
contract and in tort, including but not limited to rejection of goods, rescission, right of offset, refund, incidental,
consequential and compensatory damages and reasonable attorney’s fees.
2.18 RIGHT TO INSPECT: Knox County reserves the right to make periodic inspections of the manner and means the
service is performed or the goods are supplied.
2.19 SEVERABILITY: If any provision of this Contract is declared illegal, void or unenforceable, the remaining
provisions shall not be affected but shall remain in force and in effect.
2.20 TAX COMPLIANCE: Pursuant to Resolution R-07-1-903 passed by the Commission of Knox County, Tennessee,
Contractor hereby acknowledges by submission of its proposal or proposal and signature that it is current in its
respective Federal, State, County and City taxes of whatever kind or nature and is not delinquent in any way.
Delinquent status must be disclosed or risk debarment by the Knox County Procurement Division.
2.21 TERMINATION: County may terminate this agreement with or without cause at anytime. In the event of
termination by either party, fees due for services satisfactorily performed or goods accepted prior to the
termination date shall be paid.